New Sponsored Work Visa System

457 Visa No Longer Available

The 457 visa is closed to new applications.

If you have a 457 visa it will continue until it’s expiry date

If you have a 457 visa appeal on foot there may be complications

Audit Soon

The Australian Government will be auditing the pay of work-sponsored visa holders (temporary and permanent) using data from the Australian Tax Office. They will be checking to see that these people are paid at least as much as the government was told they would be. The government is planning to publish the names of those caught in non-compliance. The consequences of non-compliance are likely to be significant.

Changes to 457 Visas

The jobs lists have changed, from 19 April 2017. A job must be listed to be eligible for a 457 visa. A link below to all jobs lists is below, including the ‘consolidated’ list which is a list of all jobs eligible for employer-sponsored visas.

It appears that

People with existing 457 visas (already granted) are not effected.

Those planning to transition to permanent residence may still do so. The requirement to work for 2 years before applying for permanent residence, is being increased to 3 years in March 2018. Apply before then (if possible) to avoid the increased requirement.

457 visa applications that have been lodged but are presently undecided are effected. If the job has been removed from the list, the case will be refused. Refunds will be available (no details on that yet).

New 457 visa applications:

If you are granted a 457 visa after 18 April 2017 and your job is listed on the Medium/Long jobs list, it can be granted for 4 years. You will be able to be apply for a permanent 186/187 visa after 3 years on a 457 visa if that company decides to nominate you.

If you are granted a 457 visa after 18 April 2017 and your job is not on that list, it can only be granted for 2 years. There will be a maximum of one further extension allowed after that for another 2 years. You will not be allowed to apply for a permanent 186/187 visa under that occupation (unless it gets added to the Medium/Long jobs list).

See the ‘consolidated’ list (below) for all the jobs that remain on the list

216 Jobs have been removed from the list, including:

Call or Contact Centre Manager

Human Resource Adviser

Workplace Relations Adviser

Training & Development Professional

Market Research Analyst

Sales Rep (Industrial Products)

Sales Rep (Medical & Pharmaceutical Products)

many types of engineer

Farming-related occupations – most of these are now only available for approval if the job is located in a regional area.

Immigration has indicated that the jobs list will be reviewed:

On 1 July 2017; and

every 6 months in future.

If you are considering an application and the job is presently on the list, you can proceed. Be aware that if the job list changes before an application is approved, you will probably be treated the same as currently effected people (refused and given a refund).

More tradespeople will now be required to provide a mandatory skills assessment from TRA

Sponsorship training benchmarks were revised (more specific requirements and less options available). This only effects businesses applying to be a sponsor on/after 1 July 2017

English tests are now compulsory for all primary applicants (not partners and children). Exceptions exist for:

citizens of USA, UK, NZ, Canada & Republic of Ireland

a person who has completed a minimum of five years of full-time study in a secondary and/or higher education institution where the instruction was delivered in English.

persons holding an Australian compulsory occupational license/registration/membership that requires an equal/higher level of English than is required for a 457 visa

persons employed by a company operating an established business overseas who are sponsored by that company or an associated entity and will be paid AUD96,400 or more

The old English language exemption for other people on high salaries (over AUD96,400) is no longer available.

The occupational caveats were revised. This will only impact on new and undecided applications, not existing visa holders.

Police clearances may now be required for all 457 visa applicants over 16.

The sponsorship accreditation program has been expanded. It is only available to companies that have: a turnover exceeding AUD4million, a staff which is 75% to 90% Australian, an excellent history with Immigration and meet various other requirements.

An IELTS result of 6,6,6,6 or better is required for all primary applicants (not partners and children). This only effects applications lodged on/after 1 July 2017.

The age limit to apply for PR is now 45 for Direct Entry applicants. TRT remains at 50 until March 2018.

The age and proof of skill exemptions previously available to high salary earners were removed (effects only new applications).

A new requirement has been added. It effects all new/pending ENS applications. You must convince Immigration that there is a genuine need for the company to employ the nominee, as a paid employee, to work in the position under the company’s direct control. This rule allows Immigration to make an extremely subjective judgment about every case.

Other Changes

New Zealand Citizens have a special new stream created for them under the 189 visa.

The requirements are:

Lodge an Expression of Interest after 1 July 2017 and receive an invitation to apply.

Have 5+ years of usual residence in Australia starting prior to 19 February 2016.

The usual public interest requirements apply (including health and character checks)

All tax assessments for last 4 income-years must be lodged with the visa application.

Meet income requirements throughout those 4 years. The amounts are:

2011-2012 $49 330

2012-2013 $51 400

2013-2014 $53 900

2014-2015 $53 900

2015-2016 $53 900

2016-2017 $53 900

An exception to the income requirement can be made for people who cannot meet it due to the effect of a Family Court Parenting Order, being off work while on injury compensation and for people who take parental (maternity or paternity) leave or carers leave from their work for a period of time.

There does not appear to be an upper age limit.

Skilled Migration under the Points Test

People applying for 189, 190 and 489 visas must now be under age 45 at the time they are invited to apply.

“Australia’s immigration law is complex and constantly changing. Over the last 5 years the consolidated version of the rules was republished an average of 15 times per year. Every case is unique and should be handled with care. This is partly because the rules change so often, and also because small differences of fact can have a big impact on your case. When you apply for a visa, the Australian Government makes a permanent record of your application. If you make a mistake, or if your application is refused, this can have serious long term consequences. It is very important to make the right visa choice and have a plan of action. Get legal advice about your situation now.”

This website contains commentary about immigration rules and is not a substitute for legal advice on your case. It is intended to be thought provoking and to prompt you to seek legal advice.
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